Homicide is the act of one person causing the death of another person. Not all homicides are murder—some are manslaughter due to mitigating circumstances—and some are lawful when justified by an affirmative defense such as self-defense or insanity.
Criminal homicide generally involves (1) intent to cause death or serious bodily injury, or (2) negligence that causes the death of another person. Criminal homicide committed with the intent to cause death or serious bodily injury is generally charged as the criminal offense of murder (committed with intent and with premeditation or malice) or as voluntary manslaughter or second degree murder (committed with intent but without premeditation or malice).
And criminal homicide caused by negligence is generally charged as the criminal offense of involuntary manslaughter—for example, when a person is driving recklessly or speeding and hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian. A person driving a motor vehicle while intoxicated by drugs or alcohol who hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian, may be charged with involuntary manslaughter, or with a more specific offense like intoxication manslaughter or vehicular homicide—depending on applicable state laws.
Criminal homicide laws vary from state to state—including the names, degrees of severity, and punishments. These laws are generally found in a state’s statutes—often in the penal or criminal code.
In Ohio, homicide is defined as the killing of one person by another and can be classified into different categories based on the circumstances and the intent of the perpetrator. Murder, under Ohio law, is a homicide committed with purposeful intent to cause death or serious bodily injury, and it can be charged as aggravated murder, murder, or voluntary manslaughter. Aggravated murder involves premeditation or is committed under specific circumstances, such as during a kidnapping or rape. Murder typically involves intent to kill without premeditation. Voluntary manslaughter occurs when a homicide is committed in a sudden fit of rage or in the heat of passion prompted by serious provocation. Involuntary manslaughter, on the other hand, is a homicide resulting from negligence, such as reckless driving or operating a vehicle under the influence of drugs or alcohol that leads to someone's death. This can be charged as involuntary manslaughter or more specific offenses like vehicular homicide or vehicular manslaughter, depending on the situation. Ohio's criminal homicide statutes are primarily found in the Ohio Revised Code, and the penalties for these offenses vary, with factors such as the severity of the crime and the defendant's criminal history influencing sentencing.
